[2019] KEHC 5011 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the applicant bail. The applicant demonstrated strong community ties, a fixed abode, and willingness to comply with court directions. The prosecution's request for stringent terms was considered, and the court exercised its...
Source-derived case information.
- Citation
- [2019] KEHC 5011 (KLR)
- Parties
- Applicant: Mawia Muthambii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mawia Muthambii
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the applicant bail. The applicant demonstrated strong community ties, a fixed abode, and willingness to comply with court directions. The prosecution's request for stringent terms was considered, and the court exercised its discretion to grant bail with a bond of Kshs. 300,000 and a surety of similar amount. The decision was guided by the constitutional right to bail and the absence of any evidence suggesting the applicant posed a flight risk or threat to public safety.
Court Disposition
bail_granted
Orders
- The applicant is granted bond of Kshs. 300,000 with a surety in similar sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 26 OF 2018
MAWIA MUTHAMBII....................................APPLICANT/ACCUSED
VERSUS
REPUBLIC............................................RESPONDENT/PROSECUTOR
R U L I N G
1. The Applicant/Accused who is charged with the offence of Murdercontrary to Section 203as read with 204of the Penal Codeapproached this Court by way of Notice of Motion pursuant to the provisions of Article 49(1)(h)of the Constitutionseeking to be released on bail pending trial.
2. The application is premised on the grounds that: the Applicant is a mother of four, with the first born being 15 years and in class 7 while the last born is 6 years and in class 2, the children are on their own; that she is the only breadwinner with a fixed abode which she will not leave until the case is heard and determined; that she resides within the jurisdiction of the court and is ready to be reporting to the Investigating Officer, should the bond terms require so; that the community from where the Accused person hails is not against her and as such there are no threats to her life and that the accused person is ready and willing to participate in the trial till the end.
3. She deponed an affidavit in support of the Application.
4. The Prosecution Counsel, Mr. Mamba Vincentdid not oppose the Application but urged the Court to grant stringent terms of bail to compel attendance.
5. At the hearing Mr. Mutisya,Counsel for the Applicant argued that the Applicant will abide with the terms and conditions that the Court will grant until the matter is finalized. That she will continue coming to Court when and as required.
6. In response, the State Counsel stated there were no compelling reasons as to why the Accused/Applicant should not be released on bail.
7. That being the case I grant the Accused/Applicant bond of Kshs. 300,000/=with a surety in similar sum.
8. It is so ordered.
Dated, Signed and Deliveredat Kitui this 17thday of July,2019.
L. N. MUTENDE
JUDGE